Tampon Taxes, Discrimination, and Human Rights

This article discusses gender discrimination by way of the “tampon tax”, or sales taxes imposed on menstrual hygiene products. In Parts I and II, the article provides an overview of current sales taxes on menstrual hygiene products throughout the world, focusing on the US and the EU, and situates this discussion in a broader cultural context of ridicule, shame and disgust about women’s bodily functions. Part III explains how access to affordable menstrual hygiene products relates to human rights and freedoms, with examples from India and Kenya. Part IV explores actions that some state and local governments in the US have taken to facilitate access to menstrual hygiene products and discusses legal strategies that are being employed or can be employed in jurisdictions that can’t or won’t repeal the tampon tax. Finally, Part V explores why the tampon tax has become a global issue and how social media has mobilized popular opposition on the tampon tax.